It can be quite difficult to prove fault in an accident involving a motorcycle. The accident scene could offer certain clues, but testimonies of witnesses could be inconclusive. Moreover, the lawyer of the defendant will always try to pin the blame on the motorcycle rider. In an accident, it is usually the motorcycle rider who will end up with the most severe injuries, and therefore it becomes very important to prove fault of the other party.
Not Being Righteous
Well, who is at fault should be the person who is more financially and legally culpable. If someone tries to go after the other side when they were the one mainly at fault then they are taking a huge risk. There is a slight chance that someone who just made an honest mistake when driving but caused an accident could perhaps receive some leniency from the other side.
Preparing for a Legal Scuffle
Proving the negligence of the other party will be crucial in a motorcycle accident case. However, in many instances, the accident could have been caused by poor road conditions, fault in the motorcycle, or the motorcycle rider failing to take reasonable precautions or not wearing adequate safety gear. Since there are many possibilities, the victim riding the motorcycle should pick up adequate legal counsel.
Since in many motorcycle accident cases, more than one party is held responsible, comparative negligence theory is applied. Liable parties could include the victim, the manufacturer of the motorcycle, the department responsible for maintaining the road, driver/s of other vehicles, and even pedestrians trying to cross the street.
Secondly, whether the motorcycle rider was wearing a helmet at the time of accident can make major difference in the case. A helmet is considered very important safety gear for motorcycle riders, and it could make a life and death difference in accidents. Here it is important to note the difference between being partly responsible for the accident and being partly responsible for the injury.
Not the Helmet’s Fault
Failure to wear a helmet would not have caused the accident, but it definitely increases the chances or severity of the injury. It is important for the lawyer of the plaintiff to bring out this distinction in court, since it would help the case. However, the concept of contributory negligence would still apply when a rider is not wearing a helmet.